Helping you to sort out finances during bereavement...4 If there is a will What does an executor do?...

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Helping you to sort out finances during bereavement

Transcript of Helping you to sort out finances during bereavement...4 If there is a will What does an executor do?...

Page 1: Helping you to sort out finances during bereavement...4 If there is a will What does an executor do? The executor administers the will. They are charged with locating the will, applying

Helping you to sort out finances during bereavement

Page 2: Helping you to sort out finances during bereavement...4 If there is a will What does an executor do? The executor administers the will. They are charged with locating the will, applying

Contents

Let’s talk 2

What you’ll need to provide 2

Your questions answered 3

Dealing with financial difficulties 7

Useful contacts 8

Decoding legal language 10

Checklists for what we need from you 12

Has everything been taken care of? 14

For your information 16

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Here to help you through

When a family member, friend or someone close to you dies, it’s naturally a very distressing time.

As well as dealing with the emotional upset, you may also be faced with having to sort out his or her financial affairs. We will do our best to help you through this process.

In this booklet, you’ll find information on the practical actions you need to take, together with advice on other resources that may also be helpful to you in coping under difficult circumstances:

• We have put together a list of useful contacts on page 8, and

• any legal words we have used are in bold type and we have listed those legal words with their meaning on page 10.

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Let’s talkIf you need to contact us to settle the financial affairs of one of our customers who has passed away, we’ll do our best to take you through matters as clearly and sensitively as possible. We will provide you with helpful and practical information that you need.

What you’ll need to provideWe want to help you avoid lots of back-and-forth meetings. So, if you can, get all the necessary paperwork together before starting the process.

(i) Bereavement notificationPlease contact us to tell us of a bereavement - we are here to offer you our full support. For Bank of Ireland UK accounts, please complete a bereavement notification form, which is available from your local branch or on our website, bankofirelanduk.com/help-and-support/help-and-guidance.

(ii) IdentificationWe will need some proof of identity from you, so that we can deal with you. If you are an existing customer we will just need your account number. If you are not a customer please take a look at our checklist on page 16 to see what forms of ID are required.

(iii) Proof of deathWe will need a certified copy of the proof of death e.g. Death Certificate / (Interim) Coroner’s Certificate, or confirmation from a Medical Practitioner and a certified extract of the will (if it is available) naming the executor(s). We may also eventually need either a copy of the Grant of Probate or Letters of Administration.

You can provide documents as certified copies. This can be done by your solicitor. Alternatively you can bring in original documents to your local branch and we can certify these before returning them to you. Please note this service is not available at any Post Office branches.

(iv) Personal RepresentativeWe’ll need details of the person authorised to represent the estate. If a solicitor is appointed we will correspond directly with the solicitor.

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Is the total value of Bank of Ireland UK accounts over £30,000?We will need either a certified copy of the Grant of Probate, where there is a will, or Letters of Administration. Your solicitor will be able to tell you how to apply for these. If you do not want to use a solicitor, visit the website at www.gov.uk/wills-probate-inheritance.

Is the total value of Bank of Ireland UK accounts less than £30,000?If total value of Bank of Ireland UK accounts is less than £30,000 we can usually deal with payments more simply. Please see page 13.

Funding funeral expensesPlease refer to page 12 regarding Funeral expenses for what we will require.

Your questions answeredWhere do I get the Death Certificate?The Death Certificate is issued by the Registrar of Births, Deaths and Marriages. You are usually able to get a Death Certificate immediately when you register the death.

Do I need a solicitor?Only you can decide how much advice and support you will need. This will depend on the size of the deceased person’s estate and the type of assets they had, such as property or investments. It also depends on the number of beneficiaries named in the will, their location and whether disputes could arise in the process. As a general rule, larger and more complex estates need more professional support; such as when an estate includes interests in multiple countries.

How long will it take to settle a deceased person’s finances?Each estate is unique, so the time needed to finalise the accounts can vary considerably. It depends on the complexity and number of accounts a customer held, whether probate is required, and how quickly we can obtain all the information and documentation we need.

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If there is a will

What does an executor do?The executor administers the will. They are charged with locating the will, applying for probate, collecting all assets, paying any outstanding debts and distributing the assets in accordance with the deceased person’s instructions. There may be one or more executors. There is an option to open a specific account in order to facilitate the administration of the estate, please contact your local branch for further support.

What is Probate?Probate is the legal process where the Probate Office certifies that the will is genuine and allows the executor to deal with the estate.

What if there is no will?If someone dies without a valid will, they are considered to have died intestate and an administrator must be appointed. In these circumstances you may want to get advice from a solicitor.

What happens to current/deposit accounts?If the account is only in the name of the deceased person the account will be blocked from the date that we are notified of the death. This means any standing orders or direct debits will be returned unpaid. Direct debits could be from either a credit card or a bank account - and cancelling a credit card or closing a bank account does not cancel a direct debit. You will need to contact all direct debit originators linked to the card or bank account.

If the account is in joint names you can continue to operate the account after the joint account holder has died. Standing orders and direct debits will continue as before. However, you will need to provide us with a copy of the Death/(Interim) Coroner’s certificate. When this is received we will remove the name of the deceased person from the account. Alternatively, the remaining balance may be paid to you and the account will be closed.

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How do I cancel or change a direct debit (automatic payment)?Please contact us or your bank if you want to stop a direct debit.

If the account is still open, we can provide a list of direct debits still active on the account.

If the account is already closed, we can provide copies of statements from the last 12 months for both a bank account and a credit card. From that you can identify which organisations you need to contact. This may include gyms, mobile phone companies and insurers. If you are a joint account holder, you can also obtain copy statements at 365online.com or by calling 0345 736 5555. For mortgage accounts please call 0345 300 8000.

What happens to credit cards of the deceased?If the deceased was the primary cardholder, the card needs to be cancelled, which will also cancel any secondary and additional cardholder’s cards automatically. This is because additional card holders are not the main account holders. Any balance outstanding is payable as a debt of the estate.

The deceased person and I have a mortgage loan together. What happens to them?You will need to continue paying your mortgage and/or loan.

Mortgage interest will still accrue on the account until the mortgage is completed. If the deceased had Mortgage Protection Insurance you should contact the provider.

If you are concerned that you are unable to meet your regular repayments, please let us know by contacting your local branch. Alternatively, for mortgage accounts you can call 0345 300 8000 or for loans 0345 850 1234.

What happens to trust accounts?This varies considerably from case to case. If the deceased person held a trust account and you are a beneficiary, we recommend that you seek independent financial and/or legal advice.

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What is safe custody?In the past we provided a service to keep items securely. This is called keeping items in safe custody or safe keeping. We can carry out a search to find out if the person who has died had anything held in safe custody. We will not know the contents of the safe custody packet.

We cannot release any items in safe custody until the Grant of Probate or Letters of Administration have been granted. If you know that there are items in safe custody, you will need to apply for probate in order to get them. However, the executor or personal representative may visit the branch to view them. If the item that is in safe custody is the original will, this will be released to the executor. The retention of items in safe custody only applies to our branches.

What do I do if Bank of Ireland UK is still sending mail?If you continue to receive mail in the deceased customer’s name following the settlement of the estate, please contact 0345 736 5555. Please note that regulatory requirements may oblige us to continue sending certain documents, such as mortgage statements, prior to settlement of the estate. If you have any mortgage specific questions, please contact us on 0345 300 8000.

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Dealing with financial difficultiesAt this difficult time you may also find yourself with a reduced income and struggling to make ends meet.

There are solutions and help available. There are lots of organisations that can provide confidential, impartial and free help and advice. See page 9 for details of a selection of organisations.

You should talk to your creditors as soon as possible. Whether you are in arrears or are up to date with your payments but finding that existing commitments are causing you difficulties. The sooner you talk to your creditors, the better. You can usually make contact by phone, email or web, with contact details being available on websites. It is only through making contact, that the creditor can help and mutually suitable arrangements can be reached.

If your account is with Bank of Ireland UK, we can provide help in a positive and sympathetic manner. For Bank of Ireland UK accounts, please contact your local branch as soon as you recognise you are having difficulties. If the matter relates to a mortgage account, please call us on 0345 300 8000. Useful contactsGeneral Register Office for Northern Ireland

General Register Office, Oxford House,

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Useful contacts

General Register Office for Northern Ireland General Register Office, Oxford House, 49/55 Chichester Street, Belfast BT1 4HL Tel: 0300 200 7890

General Register Office for England and Wales Certification Services Section General Register Office PO Box 2 Southport, PR8 2JD

General Register Office for Scotland New Register House West Register Street, Edinburgh EH1 3YT Tel: 0131 334 0380

Probate & Matrimonial Office Royal Courts of Justice, Chichester Street, Belfast BT1 3JF Tel: 028 9072 4678

The Courthouse, Bishop Street Derry Tel: 028 7126 1832

All other UK Probate Registries are listed on www.gov.uk

National Association of Funeral Directors 618 Warwick Road, West Midlands, B91 1AA Tel: 0121 711 1343 or visit www.nafd.org.uk

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Citizens Advice Bureau

To find the phone number of your local bureau, look in the phone book, visit your local library or information centre, or use the website www.citizensadvice.org.uk

Advice NI Tel: 0808 802 0020 www.adviceni.net

Money and Pensions Service For free, unbiased and easy-to-access money tools, information and advice. Tel: 0800 138 7777 to speak to a Money Adviser www.moneyadviceservice.org.uk

StepChange Debt Charity For debt advice throughout the UK. Tel: 0800 138 1111 www.stepchange.org

National Debtline If you live in England, Scotland or Wales Tel: 0808 808 4000 www.nationaldebtline.co.uk

Debt Advice Foundation Tel: 0800 622 6151 www.debtadvicefoundation.org

Cruse Bereavement Care Provides information about bereavement and support to the bereaved. Tel: 0808 808 1677 www.cruse.org.uk

Department Of Work and Pensions www.dwp.gov.uk

HM Revenue & Customs www.hmrc.gov.uk

Bank of Ireland UK is not responsible for the content of third party websites.

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Decoding legal language

Administrator This is a person appointed by the court to handle the estate of an individual who has died without leaving a valid will (intestate). He or she is usually a close relative, but may be a close friend or a professional such as a solicitor. More than one administrator may be appointed.

Beneficiary This is a person who is left something in a will.

Death Certificate This is an official certified copy of the information registered when someone passes away, including the date, place and cause of death.

Estate The property, assets and outstanding debts belonging to a person who has died.

Executor This is a person named in a person’s will to carry out his or her wishes. There may be more than one executor and their duties will typically include making sure any inheritance tax due is settled and applying for Grant of Probate. In some cases, a deceased person’s solicitor could be the executor.

Grant of Probate This is applied for through the courts - it confirms that a person’s will is valid, and confirms the executor as the representative of the person’s estate. It is sometimes referred to simply as probate.

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Inheritance Tax This is the amount of tax assessed as payable on the deceased’s estate. It must be paid in advance of the court issuing Grant of Probate or Letters of Administration.

Intestate A person dies Intestate if they do not leave a valid will. In this case, an application needs to be made to the court for Letters of Administration to appoint an administrator.

Letters of Administration This is an official court order appointing someone as the administrator of a deceased person’s estate when no valid will exists.

Next of Kin A person’s closest living relative or relatives.

Personal Representative This general term refers to either an administrator or executor.

Testator This is a person who has written a will that is in effect at the time of his/her death.

Will This is a legal document detailing how a person wishes their estate to be distributed upon their death. It specifies the person or people he or she wants to carry out the will’s instructions.

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Checklists for what we need from you

Releasing funds to pay the funeral director1. A certified copy of the proof of death

2. Proof of the executor, administrator or next of kin’s identity (where required)

3. Our ‘Payment Authorisation’ form signed by the executor(s), administrator(s) or next of kin.

Releasing funds for other expenses relating to the funeralYou can also pay for other funeral expenses like, refreshments, flowers or memorial cards, from the account of the person who has died. We need the following documents from the executor(s) or next of kin.

1. A certified copy of the proof of death

2. A certified extract of the will naming the executor(s) (if there is a will)

3. Proof of the executor, administrator or next of kin’s identity (where required)

4. Our ‘Indemnity form for other funeral related invoices’, signed by the executor(s) (if there is a valid will) or by next of kin (if there is no will).

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Settlement of accounts if the total value of Bank of Ireland UK accounts is less than £30,000 1. A certified copy of the proof of death

2. A certified extract of the will naming the executor(s) (if there is a will)

3. Proof of the executor, administrator or next of kin’s identity (where required)

4. Our ‘Indemnity on payment of monies from deceased customer’s account’ form, signed by the executor(s) (if there is a valid will) or by next of kin (if there is no will).

5. Our ‘Payment Authorisation’ form signed by the executor(s) (if there is a valid will) or by next of kin (if there is no will).

Settlement of accounts if the total value of Bank of Ireland UK accounts is more than £30,000 1. A certified copy of the proof of death

2. Proof of the executor, administrator or next of kin’s identity (where required)

3. A certified copy of the Grant of Probate (if there is a valid will) or Letters of Administration (if there is no will)

4. Our ‘Payment Authorisation’ form signed by the executor(s) (if there is a valid will) or by the administrator(s) (if there is no will).

There may be circumstances where we request additional documentation.

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Has everything been taken care of?

Use this checklist to make sure that you’ve covered all the deceased person’s personal affairs.

Bills and direct debits

Rent

Gas

Oil

Electricity

Internet

Phone

Mobile phone

Digital service providers

Medical

Taxation

Other

Other financial institutions

Building Society

Post Office

Credit Union

Credit Cards

Store Cards

Investments

Financial planning/investment products

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Pensions

Occupational and personal pensions

Insurance policies

Life insurance

Credit card insurance

Personal loan insurance

Home/contents insurance

Car insurance

Health insurance

Income protection insurance

Other organisations

Passport Office

DVLA Office

Train or Bus Saver Tickets

Social Welfare

TV licence

Gym or sports clubs

Other clubs

Library membership

HM Revenue & Customs

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For your information

These are the documents we can accept as either proof of your identity or address. We will need to see an original or a certified copy of the document.

Proof of identity • Valid passport

• EU National Identity Card (photographic)

• Valid UK Photo card Full/Provisional Driving Licence

• Electoral ID Card (NI only)

• Translink Smart and Senior Smart cards for customers over 60 (NI only)

Proof of address • Utility Bill, other than a mobile phone bill, dated within

the last 6 months

• Bank/Building Society/Credit Union/Credit Card/Post Office Accounts Statement dated within the last 6 months

• Local Authority correspondence

• Valid UK Photo card Full/Provisional Driving Licence (may only be used for either proof of identity or proof of address, not both)

• HMRC/Revenue Commissioners correspondence dated within the last 13 months

• Correspondence from DWP/Benefits Agency/NI Housing Executive Social Insurance documents/Disability Allowance book/Disability Pension book

Certification listWe don’t need you to send us your original documents. Our branch staff can certify copies from an original or you can go to one of the following:

• Bank or Building Society official

• FCA registered broker/introducer

• Justice of the Peace or Commissioner of Oaths/Notary Public

• Accountant, Solicitor or Barrister

• Attorney at law

You might be charged a fee depending on who you ask to certify your documents.

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Notes

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Please ask any member of staff for details.

bankofirelanduk.com

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